Allowed

Subhash v. State of U.P.

Allahabad HC13 Sept 2019BAIL/35204/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. Applicant Subhash, accused under Sections 420, 467, 468, 406 IPC, granted bail citing innocence, non-beneficiary status, and parity with a co-accused admitted to bail by the same court.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two sureties, subject to conditions not to tamper with evidence or witnesses.

Subhash Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35204 of 2019

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Applicant :- Subhash Opposite Party :- State Of U.P. Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A.,Narendra Kumar Singh

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Subhash in connection with Complaint Case No.105 of 2018, under Sections 420, 467, 468, 406 I.P.C., P.S. Khair, District Aligarh.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is only marginal witness of the sale deed and is not a beneficiary. He further submitted that co-accused Mohan has been admitted to the concession of bail by another Bench of this Court by order dated 01.05.2019 passed in Criminal Misc. Bail Application No.10492 of 2019 and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail, copy whereof has been annexed on page no.33 of the bail application. He claims parity. He submitted that the applicant is languishing in jail since 01.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Mohan has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Subhash involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 13.9.2019

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R./

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

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